Monument Signage. Tenant shall have the non-exclusive right to install one panel (“Tenant’s Panel”) on each of the two (2) the monument signs (“Monument Sign”) located at the entrance to the Building; provided that (i) the size, location, materials and design of Tenant’s Panel shall be subject to Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion; (ii) Tenant’s Panel shall comply with all applicable governmental laws, rules and regulations; (iii) Tenant’s Panel shall be personal to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel on the Monument Sign; and (v) Tenant shall be responsible for its pro rata share of all costs and expenses incurred in connection with the maintenance, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shall, at Tenant’s sole cost and expense, cause Tenant’s Panel on the Monument Sign to be removed and the Monument Sign to be restored to the condition existing prior to the installation of Tenant’s Panel, reasonable wear and tear excepted.
Appears in 1 contract
Sources: Office Lease (Axesstel Inc)
Monument Signage. 4.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (other than in connection with a Permitted Transfer) or sublet (other than to an Affiliate) any part of the Premises, and (iv) Tenant notifies Landlord prior to January 1, 2020, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall have the non-exclusive right right, subject to install one panel the terms hereof, to have its name placed (the “Tenant’s Panel”) on each of the two (2) the shared Building monument signs (“Monument Sign”) sign located at the entrance corner of E. Hillsdale Boulevard & W. Parkway Lane (the "Monument Sign"). The installation of the Panel shall be subject to (a) the approval of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building; provided that (i) . The location of the size, location, materials and design of Tenant’s Panel shall be subject to Landlord’s prior written consentreasonable discretion. The Panel shall (1) be designed by Landlord, which consent may be withheld in Landlord’s sole discretion; (ii2) contain the Tenant’s Panel shall comply name, (3) be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious with all applicable governmental lawsthe design standards of the Building and Monument Sign, rules and regulations; (iii4) Tenant’s Panel shall be personal affixed to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld Monument Sign in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection a manner consistent with the design, construction and installation of Tenant’s Panel other tenant names on the Monument Sign; , and (v5) Tenant shall if the other tenant names on the Monument Sign are currently illuminated, be responsible for its pro rata share illuminated in a similar manner. Following receipt of all costs necessary governmental approvals and expenses incurred in connection with so long as the maintenanceSignage Conditions are satisfied, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shall, at Tenant’s sole cost and expense, cause Tenant’s shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which Tenant is responsible under this Section 4.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
4.2. Although Landlord will perform the maintenance and repair to the Monument Sign and the Panel, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be removed prorated between Tenant and the other parties that are listed on the Monument Sign. All costs for which Tenant is responsible under this Section 4.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
4.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to be restored to the condition existing it was in prior to the installation of Tenant’s Panel, reasonable ordinary wear and tear excepted. If Tenant does not perform such work within such 30 day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 4.3 shall survive expiration or earlier termination of the Lease.
4.4. Landlord may, at any time during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's Panel on the Monument Sign. The cost of such relocation of Tenant's Panel shall be at the cost and expense of Landlord. Letter of Credit Expiration Date: June 1, 2028 Applicant: Geron Corporation ▇▇▇▇▇▇ Metro Center LLC c/o Hudson Pacific Properties ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ATTN: ▇▇▇▇ ▇▇▇▇▇▇, Director of Contract Services Ladies/Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit in your favor for the account of the above referenced Applicant in the amount of three hundred and ten thousand, six hundred and sixty-two U.S. Dollars ($310,662.00) available for payment at sight by your draft drawn on us when accompanied by the following documents:
1. An original copy of this Irrevocable Standby Letter of Credit.
2. Beneficiary’s dated statement purportedly signed by an authorized signatory or agent reading: “This draw in the amount of ______________________ U.S. Dollars ($____________) under your Irrevocable Standby Letter of Credit No. ____________________ represents funds due and owing to us pursuant to the terms of that certain lease by and between ▇▇▇▇▇▇ Metro Center LLC, as landlord, and Geron Corporation, as tenant, and/or any amendment to the lease or any other agreement between such parties related to the lease.” It is a condition of this Irrevocable Standby Letter of Credit that it will be considered automatically extend for a one year period upon the expiration date set forth above and upon each anniversary of such date, unless at least 60 days prior to such expiration date or applicable anniversary thereof, we notify you in writing, by certified mail return receipt requested or by recognized overnight courier service, that we elect not to so extend this Irrevocable Standby Letter of Credit. A copy of any such notice shall also be sent, in the same manner, to: ▇▇▇▇▇▇ Metro Center LLC, c/▇ ▇▇▇▇▇▇ Pacific Properties, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ATTN: Managing Counsel. In addition to the foregoing, we understand and agree that you shall be entitled to draw upon this Irrevocable Standby Letter of Credit in accordance with 1 and 2 above in the event that we elect not to extend this Irrevocable Standby Letter of Credit and, in addition, you provide us with a dated statement purportedly signed by an authorized signatory or agent of Beneficiary stating that the Applicant has failed to provide you with an acceptable substitute irrevocable standby letter of credit in accordance with the terms of the above referenced lease. We further acknowledge and agree that: (a) upon receipt of the documentation required herein, we will honor your draws against this Irrevocable Standby Letter of Credit without inquiry into the accuracy of Beneficiary’s signed statement and regardless of whether Applicant disputes the content of such statement; and (b) this Irrevocable Standby Letter of Credit shall permit partial draws and, in the event you elect to draw upon less than the full stated amount hereof, the stated amount of this Irrevocable Standby Letter of Credit shall be automatically reduced by the amount of such partial draw.
Appears in 1 contract
Sources: Office Lease (Geron Corp)
Monument Signage. Tenant Subject to compliance with all applicable laws, codes, ordinances and governmental and private approvals, within a reasonable time following Tenant's written request, Landlord shall have either, at Landlord’s sole election, (i) alter the non-exclusive right existing signage at the east side of the Center Tower (identified as “Fountain Sign” on Exhibit A-1) to permit installation of tenant signage thereon, or (ii) install one panel a new monument sign near the west entrance of the Office Building (either being referred to herein as the “Monument Sign”), either of which shall be performed in accordance with the exact location, size, color, design, material, content, lighting and other characteristics selected by Landlord. Once installed or altered, Landlord shall affix on the Monument Sign an Office Building standard (as determined by Landlord) monument signage entry (“Tenant’s Panel”) on each of the two (2) the monument signs (“Monument Sign”) located at bearing Tenant's name. The cost to install or alter the entrance to Monument Sign shall be borne 100% by Landlord; the Buildingcost of Tenant’s Sign shall be borne 100% by Tenant. The repair, maintenance, replacement and restoration of the Monument Sign following a casualty or condemnation shall be borne by Landlord; provided that the repair, maintenance, replacement and restoration of Tenant’s Sign following a casualty or condemnation shall be borne by Tenant. Upon either: (i) the size, location, materials occurrence of a default by Tenant that continues beyond the expiration of any applicable notice and design of Tenant’s Panel shall be subject to Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretioncure periods; (ii) Tenant’s Panel shall comply with all applicable governmental lawsthe expiration or earlier termination of the Lease, rules and regulations; (iii) Tenant’s Panel shall be personal to the Tenant named herein and shall not be assigned to any sublessee assignment of the Lease or assignee sublet of Tenant without Landlord’s prior written consentthe entire Premises, which may be withheld in Landlord’s sole discretion; or (iv) the occurrence of an event which causes the rentable square feet leased to Tenant and occupied by Tenant pursuant to the Lease, as amended, to fall below 30,000 rentable square feet, Landlord shall have the right, but not the obligation, to remove Tenant’s Sign from the Monument Sign ("Landlord's Removal Option"), to repair all injury or damage resulting from such removal (the "Signage Restoration"), and Tenant shall be responsible promptly reimburse Landlord for all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel on the Monument Sign; and (v) Tenant shall be responsible for its pro rata share of all costs and expenses actual cost incurred in connection with therewith (the maintenance, repair, operation, use and lighting of "Removal Costs"). Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shall, at Sign will bear only Tenant’s sole cost and expensename, cause Tenant’s Panel but otherwise will not be LEGAL02/30607851v15 exclusive, with Landlord having the right to mount additional entries on the Monument Sign to be removed so long as Tenant retains top billing and so long as no other tenant entry on the Monument Sign to be restored to has lettering of a size larger than the condition existing prior to the installation lettering of Tenant’s Panel, reasonable wear Sign. Tenant may use Tenant’s Sign for its own personal use only and tear exceptedmay not allow any third party to use or share Tenant’s Sign.
Appears in 1 contract
Sources: Lease Agreement (Healthsouth Corp)
Monument Signage. Provided that: (i) no Default (as said term is defined in Section 18 of the Lease) has occurred hereunder and (ii) Tenant is occupying not less than 20,000 rentable square feet (collectively, the “Monument Sign Conditions”), Tenant shall have the non-exclusive right to install one panel (“Tenant’s Panel”) on each of the two (2) the monument signs (“Monument Sign”) located at the entrance to the Building; provided that (i) the size, location, materials and design of Tenant’s Panel shall be subject to Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion; (ii) Tenant’s Panel shall comply with all applicable governmental laws, rules and regulations; (iii) Tenant’s Panel shall be personal to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel on the Monument Sign; and (v) Tenant shall be responsible for its pro rata share of all costs and expenses incurred in connection with the maintenance, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shallright, at Tenant’s sole cost and expense, cause to install one (1) identification sign (the “Monument Sign”), consisting of the name and/or logo of Tenant, on each of the two existing monuments which serve the Building (and on any replacements thereof and/or on any additional monuments installed by Landlord), for the Term of the Lease, and any extensions thereof, substantially in the form of the signage depicted on Exhibit C, Second Amendment attached hereto and made a part hereof. The Monument Sign shall be subject to the following conditions (“Monument Sign Requirements”): (a) said Monument Sign shall be in compliance with all applicable laws, codes and ordinances, (b) Tenant shall have obtained all governmental permits and approvals required in connection therewith (Landlord agreeing to cooperate with Tenant in obtaining any required governmental approvals for its signage, including executing any documents required by any permit granting authority for the Monument Sign), (c) the installation, maintenance and removal of such Monument Sign (including, without limitation, the repair and cleaning of the existing monument façade upon removal of such Monument Sign) shall be performed by Tenant at Tenant’s Panel sole cost and expense in accordance with the terms and conditions governing maintenance, repair, and alterations pursuant to Section 9 of the Lease, and (d) said Monument Sign and all other signs on the Building’s monuments shall be subject to Landlord’s reasonable regulations. Notwithstanding the foregoing provisions of this Section 19 to the contrary, (i) within thirty (30) days after the date on which there occurs, and remains uncured, a failure of one or more Monument Sign Requirements or (ii) promptly upon the expiration or earlier termination of the Term of the Lease, Tenant shall, at Tenant’s cost and expense, remove the Monument Sign and restore all damage to the monument caused by the installation and/or removal of such Monument Sign, which removal and restoration shall be removed performed in accordance with the terms and conditions governing alterations pursuant to Section 9 of the Lease. The right to the Monument Sign granted pursuant to this Section 19 is personal to Tenant, and may not be restored exercised by any occupant, subtenant, or other assignee of Tenant, other than under a Business Transfer or to an Affiliate. Provided that Tenant has the condition existing right to install the Monument Sign prior to the Outside Requisition Date, Tenant shall have the right to apply Landlord’s Base Contribution towards the cost and installation of Tenant’s Panel, reasonable wear and tear exceptedthe Monument Sign.
Appears in 1 contract
Sources: Lease (Akebia Therapeutics, Inc.)
Monument Signage. 11.1 So long as (i) Tenant is not in default under the terms of the Lease; and (ii) Tenant has not assigned the Lease (except in connection with a Permitted Transfer) or sublet more than 25% of the Premises (except in connection with a Permitted Transfer), then Landlord shall have the non-exclusive right to install one install, for Tenant’s benefit and at Tenant’s cost, a signage panel (the “Tenant’s Panel”) identifying Tenant’s presence in the Building on each of the two existing Building monument sign (2) the monument signs (“Monument Sign”) located at the entrance to the Building; provided that (i) the size, location, materials and design of Tenant’s Panel shall be subject to Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion; (ii) Tenant’s Panel shall comply with all applicable governmental laws, rules and regulations; (iii) Tenant’s Panel shall be personal to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the design, construction and installation ___________________. The exact location of Tenant’s Panel on the Monument Sign; and (v) Tenant Sign shall be responsible for determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its pro rata share of sole cost and expense, shall obtain all costs necessary building permits and expenses incurred zoning and regulatory approval in connection with the maintenancePanel. Following installation of the Panel, repairTenant shall remain liable for all costs related to the maintenance and, operationif applicable, use illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and lighting of Tenant’s Panel and to ▇▇▇▇ Tenant for the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. At Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. To obtain Landlord’s consent, Tenant shall submit design drawings to Landlord, showing the type and sizes of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents) any provisions for illumination.
11.3 If during the Term (and any extensions thereof) (a) Tenant is in default under the terms of the Lease after the expiration of applicable cure periods; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, Landlord shallupon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, cause Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rent.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to be removed and keep the Monument Sign to be restored to the condition existing prior to the installation alphabetical listing order intact. The cost of such relocation of Tenant’s Panel, reasonable wear and tear exceptedPanel shall be paid by Landlord.
Appears in 1 contract
Monument Signage. Tenant shall have the non-exclusive right right, subject to the approval from all applicable governmental and quasi-governmental entities, and subject to all applicable governmental and quasi-governmental laws, rules, regulations and codes, to install one panel (1) sign (“Tenant’s PanelName Sign”) containing the name “LegalZoom” on each of one (1) side on the two (2) top position on the monument signs sign serving the Building (the “Monument Sign”). The design, size, specifications, graphics, materials, manner of affixing, exact location, colors and lighting (if applicable) located at the entrance to the Building; provided that of Tenant’s Name Sign shall be (i) consistent with the sizequality and appearance of the Project, location(ii) subject to the approval of all applicable governmental and quasi-governmental authorities, materials and design of Tenant’s Panel shall be subject to all applicable governmental and quasi-governmental laws, rules, regulations and codes, and (iii) subject to Landlord’s prior written consent, approval (which consent may be withheld in Landlord’s sole discretion; (ii) Tenant’s Panel shall comply with all applicable governmental laws, rules and regulations; (iii) Tenant’s Panel shall be personal to the Tenant named herein and shall not be assigned to any sublessee unreasonably withheld, conditioned or assignee of Tenant without Landlorddelayed). Landlord shall install Tenant’s prior written consent, which may be withheld in LandlordName Sign on the Monument Sign at Tenant’s sole discretion; (iv) cost and expense. In addition, Tenant shall be responsible for all other costs incurred by Tenant in connection with attributable to the designfabrication maintenance, construction repair and installation removal of Tenant’s Panel on Name Sign. The Name Sign right granted to Tenant under this Section 24.8.2 are personal to the Monument Sign; Original Tenant and (v) any Affiliate Assignee and may not be exercised or used by or assigned to any other person or entity. In addition, Original Tenant or such Affiliate Assignee shall be responsible for its pro rata share of all costs and expenses incurred in connection with the maintenance, repair, operation, use and lighting of no longer have any right to Tenant’s Panel Name Sign if at any time during the Term the Original Tenant or Affiliate Assignee does not lease and occupy at least one (1) entire floor of the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid Premises then leased by Tenant as Additional Renthereunder. At Upon the expiration or sooner termination of this Lease, Landlord shall, at or upon the earlier termination of Tenant’s sole cost and expensesignage rights under this Section 24.8.2, cause Landlord shall have the right to permanently remove Tenant’s Panel on Name Sign and to repair all damage to the Monument Sign to be removed resulting from such removal and Tenant shall reimburse Landlord for the Monument Sign to be restored to the condition existing prior to the installation of Tenant’s Panelactual, reasonable wear and tear exceptedreasonable, out-of-pocket costs thereof.
Appears in 1 contract
Sources: Office Lease (Legalzoom Com Inc)
Monument Signage. 4.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease or sublet any part of the Premises (other than pursuant to a Permitted Transfer), (iv) Tenant notifies Landlord prior to December 31, 2024, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall have the non-exclusive right right, subject to install one panel the terms hereof, to have its name placed (the “Tenant’s Panel”) on each of the two (2) the shared Building monument signs (“Monument Sign”) sign located at the East Hillsdale entrance to the Building; provided that Building (ithe "Monument Sign"). The installation of the Panel shall be subject to (a) the size, location, materials approval of any governmental authority having jurisdiction and design (b) the existing rights of Tenant’s existing tenants in the Building. The location of the Panel shall be subject to Landlord’s prior written consentreasonable discretion. The Panel shall (1) be designed by Landlord, which consent may be withheld in Landlord’s sole discretion; (ii2) contain the Tenant’s Panel shall comply name, (3) be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious with all applicable governmental lawsthe design standards of the Building and Monument Sign, rules and regulations; (iii4) Tenant’s Panel shall be personal affixed to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld Monument Sign in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection a manner consistent with the design, construction and installation of Tenant’s Panel other tenant names on the Monument Sign; and , (v5) Tenant shall if the other tenant names on the Monument Sign are currently illuminated, be responsible for its pro rata share illuminated in a similar manner. Following receipt of all costs necessary governmental approvals and expenses incurred in connection with so long as the maintenanceSignage Conditions are satisfied, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shall, at Tenant’s sole cost and expense, cause Tenant’s shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which T▇▇▇▇▇ is responsible under this Section 4.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
4.2. Although Landlord will perform the maintenance and repair to the Monument Sign and the Panel, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be removed prorated between Tenant and the other parties that are listed on the Monument Sign. All costs for which T▇▇▇▇▇ is responsible under this Section 4.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
4.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to be restored to the condition existing it was in prior to the installation of Tenant’s Panel, reasonable ordinary wear and tear excepted. If Tenant does not perform such work within such 30-day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 4.3 shall survive expiration or earlier termination of the Lease.
4.4. Landlord may, at anytime during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's Panel. The cost of such relocation of Tenant's Panel shall be at the cost and expense of Landlord.
Appears in 1 contract
Monument Signage. Within four (4) months following the Commencement Date, Landlord shall, at its sole expense, install a multi-tenant monument sign at the Property. During the Term, but only so long as (a) Tenant shall have leases and occupies rentable square footage in the non-exclusive right Building greater than any other tenant in the Building and (b) no event of default has occurred and is continuing under this Lease beyond any applicable notice or cure period, Landlord agrees to install one panel (“install, display and maintain, at Tenant’s sole expense, a signage panel identifying Tenant’s name and logo (the “Monument Signage Panel”) on each the top panel of the two monument sign (2) provided, however, that Landlord shall be entitled from time to time to relocate Tenant’s signage panel to a lower position on the monument signs (“Monument Sign”) located at sign upon and following the entrance execution of any lease with another lessee leasing rentable square footage in the Building greater than the space then leased and occupied by Tenant in the Building). The signage rights granted herein are personal to the Building; provided that (i) specific party originally identified as the “Tenant” under the Lease and may not be transferred, shared or assigned in whole or in part to any assignee, subtenant or other tenant in the Building except for a Permitted Transfer. The location, size, locationmaterial, materials construction and design of Tenant’s the Monument Signage Panel shall be subject to Landlord’s the prior written consentapproval of Landlord, which consent may be withheld in Landlord’s sole discretion; (ii) its reasonable discretion and compliance with applicable Laws. Upon the Expiration Date or earlier termination of this Lease or Tenant’s Panel shall comply with all applicable governmental lawsright to possess the Premises, rules and regulations; (iii) Tenant’s Panel shall be personal to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for pay Landlord all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel on the Monument Sign; and (v) Tenant shall be responsible for its pro rata share of all costs and expenses incurred in connection with the maintenance, repair, operation, use removal and lighting disposition of Tenant’s the Monument Signage Panel and the Monument Sign, pursuant to a maintenance and operation program managed repair of any damage caused by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shall, at Tenant’s sole cost and expense, cause Tenant’s Panel on the Monument Sign to be removed and the Monument Sign to be restored to the condition existing prior to the installation of Tenant’s Panel, reasonable wear and tear exceptedSignage or its removal.
Appears in 1 contract
Monument Signage. Tenant shall have As of the non-exclusive right date of this Lease, Landlord is finalizing Landlord’s plans to install two (2) monument signs at the Project, with one panel (“Tenant’s Panel”1) on monument sign located at each of the two (2) driveway entrances to the Project. Upon the completion of the installation of the monument signs (“Monument Sign”) sign that is located at the entrance to the Building; provided Project that is nearest to the 110 Building (i) the size“Monument Sign”), location, materials and design of Tenant shall have the right to utilize Tenant’s Panel shall be subject pro-rata share of space on the Monument Size (based on the rentable square footage of the Premises) to Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion; (ii) place Tenant’s Panel shall comply name, with all applicable governmental laws, rules and regulations; (iii) such name to be in accordance with the signage criteria for such Monument Sign. The cost of adding Tenant’s Panel shall be personal name to the Tenant named herein monument sign (and shall not be assigned any subsequent modifications to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel name on the Monument Sign; and (v) Tenant shall be responsible for its pro rata share borne by Tenant. Upon the expiration of all costs and expenses incurred in connection with this Lease (or the maintenance, repair, operation, use and lighting earlier expiration of Tenant’s Panel and right to maintain its name on the Monument Sign, pursuant as provided below), Tenant shall reimburse Landlord for the cost to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shall, at remove Tenant’s sole cost name from the Monument Sign and expenseto perform the repairs to the Monument Sign required due to such removal. Notwithstanding anything to the contrary above, cause Tenant’s Panel right to have Tenant’s name on the Monument Sign pursuant to the foregoing may, at Landlord’s option, be removed and terminated by Landlord upon written notice to Tenant (i) if there exists a continuing Event of Default that is not cured by Tenant within fifteen (15) days following additional written notice from Landlord to Tenant advising Tenant that Landlord will terminate Tenant’s right to the monument signage if the Event of Default is not cured within such fifteen (15) day period, or (ii) if the original Tenant hereunder (and/or an Affiliate thereof pursuant to Paragraph 31.h. above) is not in occupancy of at least 41,286 rentable square feet of space in the Building. If Tenant’s rights to have Tenant’s name on the Monument Sign has been terminated by Landlord in writing pursuant to this subparagraph, Tenant’s right to be restored listed on the Monument Sign shall be unavailable to Tenant even if the circumstances that triggered Landlord’s termination of the right to the condition existing prior to the installation of Tenant’s Panel, reasonable wear and tear exceptedMonument Sign no longer exists.
Appears in 1 contract
Sources: Office Lease (Zscaler, Inc.)
Monument Signage. 4.1. So long as (i) Tenant is not in Default under the terms of the Lease; (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease or sublet any part of the Premises, and (iv) Tenant notifies Landlord prior to December 1, 2009, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”). Tenant shall have the non-exclusive right right, subject to install one panel the terms hereof, to have its name placed (individually a the “Tenant’s Panel” and collectively, the “Panels”) on each the shared Building monument signs one of which is located in front of the Building and two (2) the monument signs (“Monument Sign”) of which are located at the street entrance to the Building; provided that Project (icollectively, the “Monument Signs”). The installation of the Panels shall be subject to (a) the size, location, materials approval of any governmental authority having jurisdiction and design (b) the existing liens of Tenant’s Panel existing tenants in the Building. The location of the Panels shall be subject to Landlord’s prior written consentreasonable discretion. The Panels shall (a) be designed by Landlord, which consent may be withheld in Landlord’s sole discretion; (iib) contain the Tenant’s Panel shall comply with all applicable governmental lawsname, rules (c) be of a similar size and regulations; (iii) Tenant’s Panel shall be personal to style as the Tenant named herein and shall not be assigned to any sublessee or assignee names of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel other tenants on the Monument Sign; Signs and be harmonious with the design standards of the Building and Monument Signs, (d) be affixed to the Monument Signs in a manner consistent with the other tenant names on the Monument Signs, and (ve) Tenant shall if the other tenant names on the Monument Signs are currently illuminated, be responsible for its pro rata share illuminated in a similar manner. Following receipt of all costs necessary governmental approvals and expenses incurred in connection with so long as the maintenanceSignage Conditions are satisfied, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shall, at Tenant’s sole cost and expenseexpanse, cause Tenant’s Panel shall fabricate, construct and thereafter install the Panels on the Monument Sign Signs. All costs for which Tenant is responsible under this Section 4.1 shall be paid by Tenant to be removed Landlord within 30 days of written request by Landlord.
4.2. Although Landlord will perform the maintenance and repair to the Monument Signs and the Panels, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument Sign Signs, all future costs of maintenance and repair shall be provided between Tenant and the other parties that are listed an the Monument signs. All costs for which Tenant is responsible under this Section 4.2 shall be paid by Tenant to be restored Landlord within 30 days written request by Landlord.
4.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant’s rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s panels from the Monument Signs and restore the affected portion of the Monument Signs to the condition existing it was in prior to the installation of Tenant’s PanelPanels, ordinary wear and tear excepted. If Tenant does not perform such work within with such 30 day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 4.3 shall survive expiration or earlier termination of the Lease.
4.4. Landlord may, at anytime during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocates the position of Tenant’s Panels. The cost of such relocation of Tenant’s Panels shall be at the cost and expense of Landlord. Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. Telik, Inc. (Purchaser) is purchasing the inventory as defined on the attached Exhibit C from ▇▇▇▇▇▇▇▇▇.▇▇▇, Inc. (Owner) as of this day of 2013 subject to the execution of the Sublease for ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ by and between the Parties and Master Lessor consent to sublease. Telik, Inc. will pay ▇▇▇▇▇▇▇▇▇.▇▇▇, Inc., $1.00 for said Inventory at execution of the Sublease and execution of the Master Lessor consent to sublease for the premises at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ , ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. All built-in furniture shall remain in the Premises per the terms of the Master Lease for the subject premises. Notwithstanding, Telik, Inc. shall have use of the conference room table, conference room white board, TV and the refrigerator, during the sublease term, however such items shall remain the property of Sublessor. The personal property shall be kept in the same condition as received, reasonable wear and tear excepted. Should the personal property be damaged, Telik shall be responsible for the replacement cost for such items. Sublessor shall remove these personal property items within 7 days prior to the sublease termination date, unless Sublessor elects at such time to include the items in the ▇▇▇▇ of Sale for an additional price to be mutually agreed to at such time and will notify Sublessee in writing prior to the lease termination date accordingly. By signing below, the parties agree to the terms of this ▇▇▇▇ of Sale for the inventory on the attached inventory list referenced as Exhibit C of the Sublease Agreement. ▇▇▇▇▇-▇▇▇▇▇▇▇▇▇.▇▇▇, Inc.-Owner By: Date Print name/title Telik, Inc.- Purchaser By: Date Print name/title Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. Book Shelf 2 Chair Standup Desk 1 Chairs Bar 4 Chairs Conference Room 10 Chairs Office 15 Computer Racks Enclosed 2 Computer Racks Not Enclosed 1 Conference Room Table Cherry 1 Boomerang owns Conference Room White Board with flip panels Cherry 1 Boomerang owns Cube Desk (2.5’) 2 Cube Desk (3’) 1 Cube Desk (4’) 7 Cube Desk (5’) 1 Cube Desk Corner 18 Cube Desk Rectangular (2’) 24 Cube Walls (2’ x 4’5”) 68 Desk Drawers 15 Flip Tops (2.5’) 4 Flip Tops (4’) 1 Flip Tops (5’) 3 Refrigerator Samsung 1 Boomerang owns Table Rectangular (5’) 1 Table Rectangular (6’) 1 Table Rectangular on Casters 1 Table Round Side 1 Table Tear Drop 2 TV Flat Screen in the Conference Room 1 Boomerang owns White Board Large 4 Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. The Sublessee (Telik) shall deposit with the escrow, The Bank of New York Mellon (the “Escrow Agent,” contact information defined below), the total prepaid rent (aka “Escrow Property”) and defined in Article 4 herein, $219,093.75 within three (3) business days of execution of this Sublease – a copy of the executed Escrow Agreement to be attached to Exhibit D. Escrow Agent Corporate Trust Administration ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇-Floor 8W New York, New York 10286 Attn.: Insurance Trust and Escrow Group As defined in the Sublease herein, the total prepaid rent (“Escrow Property”) for the Subleased Premises total $219,093.75. Any additional operating expense shall be paid by Sublessee (Telik) when due per Article 5 of the Sublease. As provided in the Escrow Agreement, Sublessee has instructed the Escrow Agent to pay Sublessor as follows: $11,531.25 on the 28th day of each calendar month commencing April 28, 2013 and continuing until a final payment is made on October 28, 2014. Sublessee represents and warrants to Sublessor that in no event shall Sublessee:
(a) Instruct the Escrow Agent to suspend any of the foregoing payments except and only in the event: (i) the Sublease is terminated and such termination is not the result of Sublessee’s default and (ii) Sublessee receives notice that Sublessor has defaulted in the payment of rent under the Master Lease.
(b) Cancel the Escrow Agreement or remove the Escrow Agent, except and until all of the foregoing payments are made under the Sublease or the Sublease expires or is terminated.
(c) Instruct the Escrow Agent to make payments to any person or entity other than Sublessor, except that if Sublessor fails to pay rent to the Master Lessor under the Master Lease, or if the Sublease is terminated for any reason, Sublessee may, in its discretion, instruct the Escrow Agent to make the monthly payments directly to the Master Lessor, EOP-Embarcadero Place, LLC. The Master Lessor bank information to wire the monthly payments shall be provided to Sublessee at such time.
Appears in 1 contract
Sources: Sublease Agreement (Telik Inc)
Monument Signage. Landlord hereby covenants and agrees to construct a monument sign in front of the Building on which Tenant may install its name on both sides thereof at the time and in the manner provided by this Paragraph. At such time as Tenant actually occupies, has exercised its refusal rights with respect to, or has executed a lease for not less than 71,000 rentable square feet of space in the Building (exclusive of unexercised expansion, right of first refusal, or similar options), Tenant shall have be entitled to place its name at a location designated by Landlord on such monument sign. The location, size and materials of such monument signage shall be approved by Landlord in its discretion. All monument signs shall be of equivalent size, and the non-exclusive right monument shall be of a sufficient size to install one panel permit installation of not less than four (“Tenant’s Panel”4) on each signs thereon. Tenant shall be required to pay for any and all costs and expenses associated with the design, construction, and installation of such signage (as opposed to the cost of the two (2) monument), and for the monument signs (“Monument Sign”) located at removal thereof, upon the entrance to expiration or earlier termination of this Lease. In addition, in the Building; provided event that (i) Tenant, after the size, location, materials and design of Tenant’s Panel shall be subject to Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion; (ii) Tenant’s Panel shall comply with all applicable governmental laws, rules and regulations; (iii) Tenant’s Panel shall be personal to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel on such signage at any time occupies less than 71,000 rentable square feet of space in the Monument Sign; and (v) Tenant shall be responsible for its pro rata share of all costs and expenses incurred in connection with the maintenance, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this LeaseBuilding, Landlord shall, may elect at its sole option to require Tenant to remove its signage at Tenant’s 's sole cost and expense, cause and (ii) at any time there are three or more tenants occupying more rentable square footage of the Building than Tenant (even if Tenant occupies 71,000 rentable square feet or more of the Building), Landlord may require Tenant to remove its signage at Tenant’s Panel 's sole cost and expense; provided, however, that no tenant in the Building will be entitled to place its signage on the Monument Sign monument sign unless such tenant occupies square footage in an amount equal to be removed or greater than the lesser of (a) 71,000 rentable square feet, or (b) the rentable square footage actually leased and the Monument Sign occupied by Tenant from time to be restored to the condition existing prior to the installation of Tenant’s Panel, reasonable wear and tear exceptedtime."
Appears in 1 contract
Sources: Lease Agreement (Interland Inc)
Monument Signage. (a) Subject to Paragraphs 29.3(b),(c) and (d) below, during the Term, Tenant shall have be entitled, subject to obtaining required approvals from the City of Santa ▇▇▇▇▇▇ and other required governmental approvals, to non-exclusive right to install one panel (“signage displaying Tenant’s Panel”) name on each of a monument to be developed for the two Project (2) referred to herein as the monument signs (“Monument SignSignage”).
(b) located at the entrance to the Building; provided that (i) the size, location, materials and design All of Tenant’s Panel signage rights set forth in this Section 29.3 shall expire upon the expiration or any earlier termination of this Lease. Upon such Lease expiration or termination, Landlord shall be entitled to immediately remove Tenant’s Monument Signage, at Tenant’s sole expense. Without limiting the foregoing, Tenant’s rights to the Monument Signage shall apply only while Tenant occupies at least eighty percent (80%) of the Premises leased to Tenant hereunder. Such rights and restrictions shall be null and void at such time as Tenant fails to occupy at least eighty percent (80%) of the Premises leased to Tenant hereunder, and upon such failure, Landlord shall be entitled to remove Tenant’s Monument Signage at Tenant’s sole expense. For purposes hereof, the amount of space which Tenant occupies shall mean the space personally occupied by Tenant and its Affiliates or Successors under this Lease and not subleased or assigned to a third party other than an Affiliate or Successor of Tenant.
(c) The location, size, materials, coloring and lighting of the monument shall be developed by Landlord in conjunction with the Building’s architect and other consultants. Tenant’s Monument Signage thereon shall be developed with input from Tenant, and shall be subject to Landlord’s prior written consentapproval, which consent may in its sole but good faith discretion. The Monument Signage shall be withheld in Landlordconsistent and compatible with other signage for the Project and the Project’s sole discretion; (ii) Tenant’s Panel design, signage and graphics programs. All such signage shall comply with all applicable governmental laws, rules and regulations; (iii) Tenant’s Panel shall be personal to regulations of the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the governmental agencies having jurisdiction. The design, construction installation, lighting and installation of Tenant’s Panel on the Monument Sign; and electrical connections (v) Tenant shall be responsible for its pro rata share of all costs and expenses incurred in connection with the if any), maintenance, repair, operation, use restoration and lighting removal (including restoration of the monument upon which the same was located and/or restoration of any portion of the Building and Building appurtenances upon which the same was located) of Tenant’s Panel signage shall be performed by Landlord at Tenant’s sole cost and the Monument Signexpense. Tenant shall pay Landlord for Landlord’s Actual Costs incurred in connection therewith, pursuant to based upon a maintenance and operation program managed bid reasonably selected by Landlord from competitive bids solicited for such work from independent contractors selected by Landlord, within thirty (30) days after receipt of an invoice therefor from Landlord accompanied by reasonably adequate substantiation of the costs to be incurred.
(d) Tenant’s signage rights set forth in this Section 29.3 are personal to Genius Products, LLC and may not be assigned, transferred or conveyed to any party by sublease, assignment, operation of law or otherwise, except that the same may be transferred in connection with a permitted Transfer to any Affiliate or Successor of Tenant (as defined in Paragraph 14.1(b) above and, for purposes hereof, including Genius Products, LLC itself in case it elects to change its name); provided, however, Tenant may only effectuate a transfer of Tenant’s identity rights hereunder if such amounts shall be paid by Tenant as Additional RentAffiliate or Successor does not have a name which relates to an entity which is of a character or reputation, or is associated with a political faction or orientation, which is inconsistent with the quality of the Project, or which would otherwise reasonably offend a landlord of first class office projects. At the expiration or sooner termination of this LeaseIn connection with any such permitted transfer, Landlord shall, at Tenant’s sole cost and expense, cause replace Tenant’s Panel on signage with signage identifying the Monument Sign transferee if so requested by the transferee, provided that such replacement signage shall be subject to be removed and in compliance with the provisions of this Article 29. Tenant acknowledges Landlord’s interest in maintaining the control over the identity of the Project and the Monument Sign exterior signage at the Project in order to be restored to preserve the condition existing prior to the installation image and reputation of Tenant’s Panel, reasonable wear and tear exceptedProject as a first class office project.
Appears in 1 contract
Sources: Office Lease (Genius Products Inc)
Monument Signage. For so long as the (i) Tenant has not assigned this Lease, (ii) Tenant has not subleased more than fifty percent (50%) of the Premises then demised to Tenant (excluding subleases to Permitted Transferees) and (iii) an Event of Default (defined in Section 7.1) has not occurred during the Term (collectively, “Signage Conditions”), Tenant shall have the non-exclusive right be permitted to install one panel a sign containing Tenant’s name and/or logo (“Tenant’s PanelMonument Signage”) on each of the two (2) the multi-tenant monument signs (“Monument Sign”) located at the entrance to the Building; provided that Property (i) the size, location, materials and design “Monument”). The initial installation of Tenant▇▇▇▇▇▇’s Panel Monument Signage shall be subject to at Landlord’s prior written consentcost and expense. Any changes, which consent may be withheld in Landlord’s sole discretion; (ii) Tenant’s Panel shall comply with all applicable governmental laws, rules and regulations; (iii) Tenant’s Panel replacements or additions thereto shall be personal to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel on the Monument Sign; and (v) Tenant shall be responsible for its pro rata share of all costs and expenses incurred in connection with the maintenance, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shall, at Tenant’s sole cost and expense, cause . The location and placement of Tenant’s Panel Monument Signage on the Monument Sign to be removed is shown on Exhibit L hereto. The size, dimensions, proportions, design, materials, method of installation, and the Monument Sign to be restored to the condition existing prior to the installation color of Tenant’s PanelMonument Signage shall be subject to the prior approval of Landlord. Provided that such elements are consistent with the first-class image and quality of the Building, reasonable wear such Landlord approval shall not be unreasonably withheld or delayed. In addition, ▇▇▇▇▇▇’s Monument Signage shall be subject to (a) the requirements of the Zoning By-Law of the Town of Waltham and tear exceptedany other applicable laws and ordinances and (b) Tenant obtaining all necessary permits and approvals therefor. ▇▇▇▇▇▇ acknowledges and agrees that ▇▇▇▇▇▇’s right to ▇▇▇▇▇▇’s Monument Signage pursuant to this Section is not on an exclusive basis and that Landlord may place other tenant signage on the Monument. The installation, replacement, removal and restoration after removal of Tenant’s Monument Signage shall be performed at Tenant’s sole cost and expense in accordance with the provisions of this Lease applicable to alterations (including, without limitation, Article IX hereof). Notwithstanding the foregoing, (i) within thirty (30) days after the date on which there occurs a failure of any of the Signage Conditions and Landlord notifies Tenant to remove ▇▇▇▇▇▇’s Monument Signage or (ii) immediately upon the expiration or earlier termination of the Term of the Lease, Tenant shall, at Tenant’s cost and expense, remove Tenant’s name and/or logo signage (i.e., ▇▇▇▇▇▇’s Monument Signage) from the Monument and restore all damage caused by the installation and/or removal of Tenant’s Monument Signage. The right to Tenant’s Monument Signage granted pursuant to this Section 4.1.4(A) is personal to Tenant, and may not be exercised by any other occupant, subtenant, or other assignee of Tenant other than a Permitted Transferee.
Appears in 1 contract
Monument Signage. Provided that: (i) no Default of Tenant has occurred hereunder and (ii) Tenant is occupying not less than 22,581 rentable square feet in the Building (collectively, the “Monument Sign Conditions”), Tenant shall have the non-exclusive right to install one panel (“Tenant’s Panel”) on each of the two (2) the monument signs (“Monument Sign”) located at the entrance to the Building; provided that (i) the size, location, materials and design of Tenant’s Panel shall be subject to Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion; (ii) Tenant’s Panel shall comply with all applicable governmental laws, rules and regulations; (iii) Tenant’s Panel shall be personal to the Tenant named herein and shall not be assigned to any sublessee or assignee of Tenant without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion; (iv) Tenant shall be responsible for all costs incurred by Tenant in connection with the design, construction and installation of Tenant’s Panel on the Monument Sign; and (v) Tenant shall be responsible for its pro rata share of all costs and expenses incurred in connection with the maintenance, repair, operation, use and lighting of Tenant’s Panel and the Monument Sign, pursuant to a maintenance and operation program managed by Landlord, and such amounts shall be paid by Tenant as Additional Rent. At the expiration or sooner termination of this Lease, Landlord shallright, at Tenant’s sole cost and expense, cause to continue to maintain the existing installation of one (1) identification sign (the “Monument Sign”), consisting of the name and/or logo of Tenant, on the existing monument which serves the Building, for the initial Term of the Lease, and any extensions thereof, subject to maintenance and removal of such Monument Sign (including, without limitation, the repair and cleaning of the existing monument facade upon removal of such Monument Sign) shall be performed at Tenant’s Panel sole cost and expense in accordance with the terms and conditions governing alterations pursuant to Section 11 hereof. Notwithstanding the foregoing provisions of this Section 12.2 to the contrary, (i) within thirty (30) days after the date on which there occurs, and remains uncured, a failure of any of the Monument Sign to be removed Conditions, or (ii) immediately upon the expiration or earlier termination of the Term of the Lease, Tenant shall, at Tenant’s cost and expense, remove the Monument Sign to be restored and restore all damage to the condition existing prior to monument caused by the installation and/or removal of Tenant’s Panelsuch Monument Sign, reasonable normal wear and tear excepted, which removal and restoration shall be performed in accordance with the terms and conditions governing alterations pursuant to Section 11 hereof. The right to the Monument Sign granted pursuant to this Section 12,2 is personal to Tenant, and may not be exercised by any occupant, subtenant, or other assignee of Tenant, other than an Affiliated Entity.
Appears in 1 contract